Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-02-04
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers havs once been nled with the
Register and Receiver they become . part Of
returned. but must be transmitted to the Gen
eral Land ONCE.
An application will be rejected when the
scrtption of the premises 10 erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
s~econd-The notice was not published In .
new spaper designated 90 published nearsstthe
claim.
Third-Record title was found defective,
and
Fourth--A previous application had been
made Tor the same premises. which was with.
drawn pending . suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define tho
boundaries Of the claim.
Where the claim was not located in accord
Where several parties own ssparate and dis.
ttnct portions Of o claim, application for
patent may be made by either for tn at portion
OF the claim owned by him but where so-eral
parties own undivided interests In 8 mining
claim all should Join in an application for q
patent.
A person or association may purchase ~
many placer locations ~ the local law admits,
and embrace them all In one application for .
patent.
Two or more lodes cannot be embraced In
one application for = patent except for placer
claims embracing two or more lodss within
their boundaries
Papers sworn to before any person purport.
ing to act % 9 deputy for the Register and he.
ceiver cannot be recorded ~ evidences.
In ali patents for mining claims situated
within the interior boundaries Of q town site
q clause is Inserted excepting and excluding
all town property, rights upon the surface,
and all houses, buildings, structures, lots,
blocks, streets, alleys or other municipal i'm
provements not belonging to the grantee here
In. and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication of notice must be made q only
one newspaper for the period Of so days.
Notice must be published 10 consecutive
weeks In weekly newspapers. and in daily
newspapers 90 days must elapse between the
first and last insertions.
Where the Register designates the d sily Issue
Of o newspaper for publication Of notices Of q
mining application for patent IL IL not . com
plfsnce with law 10 change 10 the weekly sdi'
ton OF the same paper without authority oil
| tho Register.
The existence Of . salt spring on Q tract OF
land withdrsws It from the operation Of tbs
homestead and presumption laws. A hearing
for the purpose OF proving the a~gricultura
character OF such land 10 not allowed. Land
containing valuable deposits Of slate may b.
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must ale Q separate sut
distinct claim against each application which
IL Is alleged conflicts with the premises ownsd
by such adverse claimant.
The papers IN an adverse claim. once hled
cannot be withdrawn. but becomes Q part Of tn,
record.
| When an adverse claim has been fled IL can
not be amended 50 as to embrace Q larger per
ton of the premises than that described In tn,
original adverse claim.
An adverse claim must be made ont In
proper form and 1led in the proper local Off c,
during the period of publication Of the appli
cation for the patent to be effective.
1t 10 the duty Of the adverse claimant
suit In proper form within the re
CURED time. and II he trusts The uncertain
medium Of the United States mail he must
abide the consequences. should the delay
ensue, through misfortuneo or accident. Should
the failure to suit be the result OF
the corrupt or dishonest actioa Of hts attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de.
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody.
ing conclusions Of law. without stating the
facts specially, will not be considered Ia EVIL
dence.
An adverse claimant should show q compli.
ance with the local laws In recording his claim
and in regard to expenditures. aud shall ole q
copy OF the original notice Of his location, aud
show the nature or extent Of the conflict
alleged.
An allegation Of parties 10 Q suit that they
compose the company 10 sufncient, and they
are not required 10 prove that they are the
original ~locstors or the identical parties who
present the adverse claim.
AGRICULTURAL O. MINERAL LANDS,
yYha.a y..A a.. - HAL
cultural purposes. but 10 essential to the
proper development OF mining claims, Il
should be disposed Of under the Mining Act,
Where lands containing valuable mineral
deposits have been included In an agricultural
entry. said entry will be cancelled 81 any time
prior to issuance of patent. upon satisfactory
evidence Of the existence Of such valuable de-
posits.
Where valuable deposits Of mineral are dis.
covered upon 3 tract after the same las been
entered as agricultural, but before / steut has
been issued. the parties claiming the mine
may make application for patent for same
and the agricultural entry will be cancelled tt
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered or
agricultural lands after the patent has beer
issued to an agricultural claimant, they pssl
| with the patent.
Agricultural College scrip cannot DO
ceived In payment for claims.
l ALIEE1.
A foreigner may make Q mining location
dispose OF 1t. provided he becomes Q oitizer
before disposing OF the mine. Proof that The
party was not q citizen before disposinR OF htl
claim must be sfhrmstively shown.
| Locators and intermediate owners. otheI
than applicants. will not be presumed aliens
In the absence Of allegation or objection prio,
TO issuance Of patent.
The portion of q mining claim sold to az
alien cannot be patented whtla auob ownar N
an alien; but on hiS declarations o become !
citizen his right dates back to his purchase
aud he may thereupon secure United Htstes
patent for his claim.
| CROSS LRDGEs.
Revised Statutes. Section 1850:
Where two or more lodges cross or intersect
each other, priority OF title shall govern. md
such prior location shall be entitled 20 ali orr
or mineral contsined within the space of inter.
section. but the subsequent location shall have
tae right OF way through the space OF inter.
section for the purpose Of the convenient